Time limit to file revision in sessions
Vaishali
(Querist) 04 April 2014
This query is : Resolved
My Criminal Complaint was dismissed on 26-09-2011 for lack of prosecution by the Complainant. My Counsel kept me in the dark saying the Order is reserved. Now my Counsel has given me an affidavit saying it is his fault and I should not be punished and Complaint be restored. I wish to file a Revision Petition in the Sessions Court. What is the time limit to file a Revision? Do I need to also file an application u/s 5 of the Limitation act? Under which section shall I file the revision ? (397 of the Cr.Pc). By how many days is my Revision late?
The certified copy of the order (dated 26-9-2011) was prepared on 3-3-2014 and delivered to the Complainant's Counsel on 12-03-2014 and the Counsel delivered it to the Complainant on 27-3-2014. Aggrieved by the said Order dated 26-09-2011, the Complainant filed a Revision Petition no. 7808 of 2014 on 31-3-2014.
The same was heard by this Sessions Court on 2-2-2014 and was pleased to dispose it off with liberty to the Complainant to file proper Revision Petition against the impugned order dated 26-09-2011.
The Court remarked that the format is incorrect.
Devajyoti Barman
(Expert) 04 April 2014
Professional query.
Consult your local colleagues.
Vaishali
(Querist) 05 April 2014
Dear All and especially Devajyoti Barman,
People come to websites when they don't have the means to hire a lawyer. Please unregister yourself as an expert because you advise everyone to hire a lawyer. No one has unprofessional queries. And if you answer only unprofessional queries then it also means that you are not a professional. KINDLY REFRAIN FROM ANSWERING NONSENSE AND ALLOW SOME OTHER PROFESSIONAL TO HELP ME INSTEAD OF CONSTANTLY POKING YOUR NOSE IN WITH IRRELEVANT ANSWERS.
Vaishali
(Querist) 05 April 2014
If 90 days is the time available to file Revision in Sessions Court and court holidays can be deducted from these 90 days, then do I have to calculate the delay from 26-09-2011 + 90 days - court holidays ? Do I have to calculate the delay in number of days and mention the same in a separate application for condonation of delay u/s 5 of the Limitation Act to be attached to the Revision Petition?
Vaishali
(Querist) 05 April 2014
Is a separate application for condonation of delay u/s 5 of the Limitation Act required to be attached to the Revision Petition?
(Mr. Devajyoti Barman is not required to dismiss the query. Thank you in advance to Mr. Barman)
Other experts to please give their input as this case is of an 80 year old man and 5 lawyers have been hired and paid in full in the last 17 years WITH NO RESULTS. Definitely he does not wish to hire/pay a new lawyer as he does not have the means and lawyers don't deliver if not supervised.
Vaishali
(Querist) 05 April 2014
if nobody knows the answer then its ok to leave my query as open. I will wait for a good soul to help me.
Nadeem Qureshi
(Expert) 06 April 2014
Dear Querist
read your another post for calculation of time, the time will be start from the order or from obtaining the certified copy and if on the day when the time is completed and the court was closed then the next day will be count as the last day.
if the court dismissed the complaint u/s 256 of Cr.P.C then no revision will be lie before court only appeal lies u/s 378(4) of Cr.P.C with an application u/s 5 of limitation act.
Feel free to Call
Vaishali
(Querist) 06 April 2014
Thanks a zillion to Sh. Nadeem Qureshi. I will file delay condonation u/s 473 of the Cr.Pc read with section 5 of the Limitation Act and also file the Revision u/s 397 & 399 of the Cr.Pc 1973.
V R SHROFF
(Expert) 06 April 2014
U must behave properly
ur comments on Shri Barman is highly objectionable.
Will u be able to file delay condon w/o Lawyer??
So answer was 100 % correct.
You said "Criminal Complaint was dismissed on 26-09-2011 for lack of prosecution by the Complainant. My Counsel kept me in the dark saying the Order is reserved."
it must be result of your dealing with your Lawyer?????????
be fair & disciplined in dealing..IN UR OWN INTEREST. OR FAIL.
If u want to prove u r right, just do by ur SAY U CANNOT DO WITHOUT LOCAL LAWYER..
AND WHY GO FOR PROCEDURAL QUERY, ITS FOR LAWYER TO DECIDE, NOT YOU.
YOU MUST APOLOGIZE TO LEADING LCI EXPERT, OR DON'T ASK YOUR QUERY HERE..
Vaishali
(Querist) 07 April 2014
V.R.Shroff,
This portal is for people like us. And the job of an expert is to HELP and neither give lectures as you are giving me nor adjudicate as Mr. Barman.
I think Shri Barman caused me SEVEREST harassment by closing my query TWICE. However, I persisted and finally got the answer.
YES, I WILL BE ABLE TO FILE DELAY CONDONATION WITHOUT LAWYER. PLEASE GIVE ADVISE ONLY WHEN SOLICITED AND STAY FOCUSSED. IT APPEARS YOU DONT HAVE ENOUGH LEGAL KNOWLEDGE TO COMMENT ABOUT SECTION 397, 399 AND 473 AND THAT IS WHY YOU ARE TALKING IRRELEVANT.
MR. BARMAN OWES ME AN APOLOGY AND NOT VICE VERSA.
Vaishali
(Querist) 07 April 2014
To All Experts,
I am an RTI activist and learnt the basics of drafting an RTI from the RTI website (http://www.rtiindia.org). It is an EXTREMELY helpful website and experts are very knowledgeable.
I recall that I did not know the format of the 1st RTI that I wanted to file and the format was provided to me as an attachment on the website by and expert.
There is provision to share attachments on this website also. I think all registered experts (except Mr. Qureshi)need to consult each other and evolve the goal of this website. It is for knowledge sharing, solving legal queries and providing solutions. if you are going to keep closing the query without solving them, then no point being registered on this website as Expert. PLEASE REVIEW YOUR PRACTISES AND BRING SOME CHANGE.
Mr. Shroff, Why don't you send me the format of delay condonation application u/s 473 read with section 5 as an attachement. You are registered as an expert to help so WHY DONT YOU STOP LECTURING AND START HELPING?
